ML20203E827

Informs That Recently Received Encl Ltrs Procedurally Insufficient.Requests That Provisions of Sections 2.701, 2.708,2.709 & 2.712 Re Filing & Svc of Documents Be Reviewed.Served on 860722

ML20203E827
Person / Time
Site:	Marble Hill
Issue date:	07/18/1986
From:	Smith I Atomic Safety and Licensing Board Panel
To:	Frey D, Zeller T SASSAFRAS AUDUBON SOCIETY
References
CON-#386-067, CON-#386-67 OL, NUDOCS 8607240266
Download: ML20203E827 (5)

Text

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% fE NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENslNG BOARD PANEL 0

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l BR3ffW Mr. Tom Zeller, President Sassafras Audubon Society 6620 E. State Road 45 Bloomington, Indiana 47401 Mrs. David G. Frey SERvtu JULM1986 Energy Policy'Connittee, SAS 2625 S. Smith Road Bloomington, Indiana 47401 In rit: Public Service Company of Indiana, Inc.

I Wabash Valley Power Association, Inc.

(Marble Hill Nuclear Generating Station,' Units 1 & 2)

Docket Nos. 50-546-0L and 50-547-OL

Dear Mr. Zeller and Mrs. Frey:

The recent communications of the Indiana Sassafras Audubon Society have been procedurally insufficient in several respects. To begin with, please read carefully the provisions of Sections 2.701, 2.708, 2.709 and 2.712 of the Commission's regulation pertaining to the filing and service of documents in NRC adjudications.

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Foi example, your letter of June 27, 1986 states simply with respect'to service:

cc: NRR Staff Public Service Indiana, Inc.

Wabash Valley Power Assoc., Inc.

Commission practice requires that you actually certify by name and by address the persons served, the date they were served and the method of service -- for example, first class mail.

Second, you have failed to serve the legal counsel for the parties as required by 10 CFR 6 2.712(b).

You have failed to indicate the name of the proceeding in the heading of your communications. If you are writing a letter, the name of the proceeding should appear as it is written above. If it is a formal pleading the name of the proceeding should appear as in the Board Memorandum and Order of June 18, 1986.

You have been sending to the Board communications in the form of letters when they should have been formal pleadings. A letter is not Nt hk

ordinarily used in NRC proceedings when a party is seeking some particular result in an adjudication such as you do in your letters of June 27 and July 14, 1986.

Finally, you have failed to file your documents with the Secretary of the Comission to the Attention of the Chief, Docket and Service Section.

These may seem like minor points, but they are not. I and my staff have wasted c,onsiderable time irying to determine who may have been cmitted from your service, and providing copies to those you have missed. Also the intent of your communication is not clear when you send infonnal letters. For example, the other parties may not know how or wlether to respond to a letter comunication when not designated formally as a " motion" or an " answer."

I have attached a sample service list you may us'e in serving your documents in this proceeding.

Very truly yours,

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Ivan W. Smi Atomic Safety and Licensing Board Administrative Law Judge

Enclosure:

Sample Service List cc: Docketing & Service Section (For Service on the Parties) t

Sample UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) .,

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PUBLICSERVICE>COMPANYOFINDIANA,INC.) Docket Nos. 50-546 WABASH VALLEY POWER ASSCCIATION, INC. ) 50-547

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(Marble Hill Nuclear Generating' Station,) -

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copics of in the atiove-captioned proceeding have been served on the following by deposit in the United States nail, first class, this th day of 1986: .

Administrative Law judge Ivan W. Smith Mr. Tom Zeller Claiman, Atomic Safety & Licensing Board Vice President U. S. Nuclear Regulatory Commission Velley Watch, Inc.

Washington, D. C. 20555 P.-0. Box 2262 Evansville, Indiana 47714 Administrative Judge Gustave A. Linenberger Atomic Safety and Licensing Board Mr. Robert Gray U. S. Nuclear Regulatory Comission Chaiman of the Board Washington, D. C. 20555 Save The Valley, Inc.

P. O.-Box 813 Adminis fative Judge Oscar H. Paris Madison, Indiana 47250 Atomic .afety and Licensing Board U. S. Nuclear Regulatory Comission Thomas M. Dattilo, Esq.

Washington, D. C. 20555 311 East Main. Street Madison, Indiana 47250 Stuart A. Treby, Esq.

0GC-Bethesda , Secretary of the U. S. Nuclear Regulatory Commission Comission Washington, D. C. 20555 Attn: Chief, Docketing

& Service Section Harry H. Voigt, Esq. U. S. Nuclear Regulatory LeBoeuf, Lamb, Leiby & MacRae Comission 1333 New Hampshire Avenue, N. W. Washington, D. C. 20555 Washington, D. C. 20036 Charles W. Campbell, Esq.

Vice President & General Counsel Public Service Company of Indiana 1000 East Main Street Plainfield, Indiana 46168 Indiana Sassafras Audubon Society

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The INDIANA SASSAFRAS AUDUBON SOCIETY-V+\ --+@e p of Lawrence - Greene - Monro -

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s Ivan 'el. Smith, Esq., Chairman, Administrative Judges Mr. Gustavo A. Limnberger, Jr.

Dr. Oscar H. Panis Atomic Safety and Licensing Board Nuc.1 car Regulatory Commission Washingten, D.C - 20555

Dear Sirs :

The pleading of Public Service Company of Indiana, Inc. of July 2,1986 in msponse to the Atomic Safety and Licensing Board Fomorandum and Order Directing Briefs of Jum 2,1986, purports to addmss Sassafras Audubon's letter of Jum 11, 1986, but site mstoration, the issue of major con,cern of the Society is not ad-dressed, and we therefore find Public Service Indiana's pleading inadequate and unacceptable.

( '.h seek clarification from the liRC Staff and the Atomic Safety Licensing Board of the msponsibility of the Applicant to mstoration of the plant site upon surmnder e.f the ccnstruction permits, with no stated med nor submission of plan for use of .f ite, prior to termination of the Operation License Proceeding.

In our letter of Jum 11, 1936, we noted that the Licensing Board imposed conditions for substantial rastoration of sites in the instance of Bailly, Black fog, and Dnvis Basse.

The importance of conservation of prim farmland was raised as a contention at the Licence Hearing in 1(177 on Marble Hill under the belief that the site did not justify mmoval of hundmds of acms of crime farmland from production. Re-fomstation of the mmaining hundmda of --res could serve many community meds as well as conservation purposes. 'ch 3k tgain that the Farble Hill Nuclear Plant site be motored to these uses.

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' ~ Zeller, jit[d( Pmsident Sassafras Audubon Society cc: Dimetor, NRR 6620 E. State Road 45 Public Service Indiana Bloomington, Indiana 47401 S17 -97:w Mrs. Sm ddf.

David G. Fmy &V Emrgy Policy, Committee, SAS 2625 S. Smith Road Bloomington, Indiana 47401

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Ivan W. Smith, Chairman, udninistrative Judgen Atomic Safety and. Licensing Board Nuclear Reguhtory Commission Nashington, D.C. 20555

Dear Mr. Smit h:

The Indiana Sassafras Aucubon Society appreciates the choice given them in the Fomorandum and Order issued by the Administrative Tau Judgas for the Atomic Safety and Licensing Board, June 18,1986, of (1) filing an answer to the Applicant's supploce to the notion to ternimte within 10 days after service of the supple-ment, ora o mst on its letter of Jum 11, 1986 whigh the Board will consider in light of the entim record.

Regarding our failure to mspond to PSI's April 4,1935 motion to terminate the

( Marble Hill Proceeding, we miterate that at the tirte we felt that site motoration was the key issue and what the GR Staff and Licensing Board would mquim of PSI in that re gt ,-d. Ile waited for the decision and responded accordingly on Jum 11, 1936.

Ih am concermd that site " stabilization" rather than site "mstoration" could set i an undesirable pmcodent, even though the plant was mver ocerabic.

We vould appmeinte if futum cornnications on this matter were sent to the under-sigm d.

Yours sincqrely, _,

Qw , duiel,b&y I rs. David G. Fmy

! Emriy Policy Committee, sus 2625 S. Smith Road Bloccington, Indiana 47401 i

cc: Tn3 Staff Public S3rvice Indiana, Enc.

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'.' abash Valley Power Ansac. , Inc.

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